10-11-65 Council Meeting Minutes

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REGULAR MEETING OCTOBER 11 1965 TO AMEND ZONING BEND 2 UNDER THE MUNICIP. TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Jake Weingarten and Rose Weingarten, husband and wife; Phfilip R. Pelissier and Rachel D. Eelissier, husband and wife; and Arnold Joers and Carolyn Joers, husband and wife, respectfully petition the Coupon Council of the City of South Bend for an amendment and change of Section 2 of Zoning Ordinance No. 3702, also known and identified as Section.40 -14 of the Municipal Code of South Bend, Indiana, to alter and change the use district regulations applicable to the following described property located near the Northwest corner of the intersection of Hickory Road and Mckinley Highway in the City of South Bend, Indiana, more particularly described as: Beginning at the point where the East line of Mckinley Terrace Addition intersects the South line of the Southeast Quarter of Section 5, Township 37 North, Range 3 East; thence North along the said East line of said McKinley Terrace Addition a distance of 1452.02 feet to the $oath line of McKinley Terrace Addition, Section "A "; thence Easterly along said South line of McKinley Terrace Addition, Section "A" a distance of 1213.94 feet to the East line of the Southeast Quarter of Section 5, Township 37 North, Range 3 East; thence South along said East line of the Southeast Quarter of Section 5, a distance of 120 feet; thence Westerly parallel to the South line of McKinley Terrace Addition,.Sectton "A", -a distance of 1113.94 feet; thence parallel with the East line of McKinley Terrace Addition a distance of 1332.02 feet to the South line of the Southeast Quarter of Section 5; thence West to the place of beginning, from its present zoning classification of A Residence to B Residence; And further respectfully petition the Common Council for a further amendment and change of said Section 2 of Zoning Ordinance No. 3702 to alter and change the use district regulations applicable to the following described property, also located near the Northwest corner of the intersection of Hickory Road and McKinley Highway in the City of South Bend, which real estate is more particularly described as: Beginning at a point whf- thetaBouthstinenofothH (.BOutheattQgarte <of.Saction 5, Tnvnsb tpt3711-NorgbVtRaiigee3oEaete Ioe'atedst00tzfeetrEaat;. of� :tbe intersection 5 . =Jsa1dpS3ntHolthg _ and the East; ltnenof McKthleyoTgrtace: Addition; "thentd NoKth"lparVAtea with said East line of McKinley Terrace Addition a distance of 1332.02 feet; thence East parallel with the South line of McKinley Terrace Addition, Section "A" a distance of approximately 1113.94 feet to the East line of the Southeast Quarter of said Section 5; thence South along the East line of said Southeast Quarter of Section 5 a distance of 606.33 feet; thence. Westerly on a bearing North 89 degrees 90st West a distance of 913.25 ffiet to an iron pipe; thence North on a bearing North to an iron pipe; thence West on a bearing North 0 degrees 2' 32" East a distance of 435.51 feet to an iron pipe; thence West on a bearing North 89 degrees 30' 54" West a distance of 150.23 feet town iron pipe; thence South on a line parallel with the East line of McKinley Terrace Addition a distance of 1161.60 feet to the South line of the Southeast Quarter of Section 5 to the place of beginning. from its present zoning classification of A- Residence to C - Commercial. In support of duch petition, your petitioners would respectfully show unto the Council: 1. Your petitioners are the owners in fee simple, and /or purchasers under binding contracts of the above described real estate, and all of the same. 2. That in the period since 1958 the land and area lying to the East and to the South of the above described tracts of real estate has been developed and devoted in large part to commercial and non- residential uses. That the develop- ment and use of this land to the area South and East of the above described tract has rendered it largely unsuitable for single family residence use. 3. That the land and property located to the North and to the West of the above described tract of land was developed-and is in use as single family residences. The use and development of this area lying to the West and the North of thbe.abbve €. described tract of land took several years before the defelopment and util- ftatibn-of0!the. red to the South and.the East for commercial and non - residential pur- poses. 4. Your petitioners are reliably informed and believe that the best resolution of the potential conflicts between the older single family residential use lying to the North and the West and the newer developing commercial and non - residental uses *ying to the South and the East of the above described tract is the establishment of the B - Residence buffer zone requested in this petition. 5. Your petitioners have entered into binding contracts for the sale of the above described real estate to John L. Woolling, as Agent; The above described real estate to intended to be purchased in order to build and establish upon the Southerly described tract which is petition4d for rezoning to C - Commercial, a large department and allied services store for Ayr -Way Stores, Inc., a wholly owned subsidiary of L.S. Ayres and Company of Indianapolis, Indiana. The establishment df the buffer zone of B - Residence sought in this petition for the area along and adjacent to the established single family,residential use in accordance with the recommendations of qualified zoning consultants is made with the knowledge and approval of the above identified contract buyer. (Continued)